South Carolina General Assembly
118th Session, 2009-2010

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Bill 3038


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Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-215 SO AS TO PROHIBIT THE AWARDING OF DAMAGES IN FAVOR OF A PERSON WHO IS INJURED WHILE OPERATING HIS MOTOR VEHICLE IF HIS INJURIES RESULTED FROM HIS OPERATION OF THE VEHICLE AND IF HE DID NOT HAVE IN EFFECT FOR THAT VEHICLE THE FINANCIAL SECURITY REQUIRED BY THE LAWS OF THIS STATE AT THE TIME THE INJURY OCCURRED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 3, Chapter 77, Title 38 of the 1976 Code is amended by adding:

"Section 38-77-215.    Notwithstanding another provision of law, damages must not be assessed in favor of a person who is operating his motor vehicle and his injuries resulted from his operation of the vehicle if he did not have in effect for that vehicle the financial security required by the laws of this State at the time the injury occurred, including specifically a person who has failed to register an uninsured motor vehicle and failed to pay the requisite uninsured motorist fee pursuant to Article 5, Chapter 10, Title 56."

SECTION    2.    This act takes effect upon approval by the Governor.

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